The Burden of Proof
by serenidad01
Summary: What if Dumbledore's 'Flaw In The Plan' had occured in a different way?
1. Chapter 1

**AN:** That's my first HP-fanfiction with which I wanted to cover an issue that's been constantly neglected throughout the books and, sadly, Star Trek as well, for which I used to write... it started as a one-shot or short story at maximum... well, hope you stick to it to see where it leads.

I changed major and minor events, but you'll be introduced to them as soft as I could manage.

If the characters seem too light-hearted in light of AD's recent death, forgive me; I'll change that soon anyway ;-)  
Rated M for later content and details. Chara are as much canon/ least OOC as the story allows them to be. Set in an AU after the sixth book.

Lines in Italics are an excerpt from "Harry Potter and the Half-Blood Prince'.

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**Disclaimer**: I don't own anything, of course, I just borrow JKRowling's toys.

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"_I can help you, Draco."_

"_No, you can't", said Malfoy, his wand hand shkaing very badly indeed. "Nobody can. He told me to do it or he'll kill me. I've got no choice."_

"_Come over to the right side, Draco, and we can hide you more completely than you can possibly imagine. What is more, I can send members of the Order to your mother tonight to hide her likewise. Your father is safe at the moment in Azkaban … when the time comes we can protect him too … come over to the right side, Draco … you are not a killer..._

_Malfoy stared at Dumbledore._

"_But I got this far, didn't I?" he said slowly. "They thought I'd die in the attempt, but I'm here... and you're in my power... I'm the one with the wand … you're at my mercy..."_

"_No, Draco, said Dumbledore quietly. "It is my mercy, and not yours, that matters now."_

But then, Draco suddenly regained control over himself. His hand stopped shaking, his eyes became cold. "Not my mercy, old Dumby? Sure?"

"Well, Draco", Dumbledore answered in an unchanged calm voice, "I guess there's just one way to find out. And you seem to have given an answer already. If that is your last word, I suppose we go on to discuss the terms of your escape from this tower." A short silence rose between them. Harry could see that Draco thought so fast he heard the Slytherin's brain almost rattle, something he never had thought Draco capable of.

The silence stretched to an entire pause. Harry's nerves felt like thin filament, white-glowing with heat and tense.

It was Dumbledore who lost patience first. Both their journey to the cave and the potion had obviously left their marks on him.

"Draco, if we ..." His words drowned in the echo of footsteps on the stairs. They were coming.

"If we plan to be partners for your benefit, I need an answer from you."

Another silence occurred. The sound drew rapidly closer.

"They'll bereave you of the decision as soon as they're here", Dumbledore reminded him in a neutral voice. "You must make one yourself. So what is your answer?"

"No", said Draco clearly. "_Avada Kedavra."_

A bolt of green light burst from his wand and hit Dumbledore squarely in the chest.


	2. Chapter 2

"Mr Potter, there's nothing new to add to what the Ministry's already confided in the grounds of judgement", Scrimgeour repeated slowly. He kept his tone clam and steady, but his eyes betrayed him. Harry's request sparked a rush of rage inside the Minister. "Let me add that I consider it generous from the court to inform you about the Trial's outcome."

"Harry has the right to learn about the results of it", Hermoine urged to defend him. "He has the right to know whether his testimony lead to any conviction or if it influenced the judges. According to Article 23, second paragraph, a witness in a trial for murder-"

"Thank you, Miss Granger, I know the rules which grant me my power", Scrimgeour cut her off rather sharply. She quickly exchanged a glance with Harry and Ron, but this was not the time nor the place for a discussion.

"The first sentence in the second paragraph clearly states that it is first of all the judges' decision how much information they reveal about how they make up their minds. They have to consider whether a witness is adapt to receive such information", the Minister continued as if he had not noticed their silent exchange, "And it is _not_ their duty to send you a personal letter and apologize that they merely acted along the line of our constitution throughout the entire trial! The verdict may not fit into your infantile and limited view upon justice, Mr Potter, but let me assure you, if your positions had been reversed, you would urge me into handle it strictly by the book, and not take the shortest legal side track whatsoever!"

"Are you suggesting that I was able to kill Professor Dumbledore?", Harry answered through gritted teeth.

"I'm saying that in cases where only one person declares to have witnessed a murder of a person he or she was suspiciously close to - ", Harry saw that Hermoine's mouth was suddenly thinner than he had ever seen it from McGonagall -, "and the culprit is supposed to be a person whom the witness has testified against before without providing _any _evidence at the same time-"

"Malfoy admitted on the tower that he had sent the necklace and the poisoned bottle to Dumbledore and that he attempted to kill him both times-"

"According to your testimony!"

"And it's the truth!"

"I'm sure it is!", Scrimgeour shouted across his desk. For an instant Harry thought the Minister had answered his tongue in cheek, but then he buried his lion-like face in lined hands. Harry noticed a thin stripe on his fourth finger where the skin was slightly lighter. "But it's been your testimony against his. If you've never heard about the basic principles of 'equality before the Law' and 'in dubio pro reo', I suggest you ask Mr Granger, she surely has heard about them once or twice."

Hermoine did not blush, but a slight pink colored her cheeks.

"If I send Mr Malfoy to Azkaban without a verdict, I'd have to be relieved of my duty instantly", he explained his outburst. "He's not worth that."

"So your power is more important to you than justice?"

"If you want to look at it that way, I won't keep you." Scrimgeour allowed himself a sigh. "I am glad you spoke to me on your behalf, and I would be glad to welcome you in my office if you have anything else to say." This time, Harry understood the insinuation.

Scrimgeour must have thought that they indeed had nothing else to say. His hand stretched out to the dangerously high pile of files, put the topmost in front of him, opened it and began to read. Harry acknowledged that their conversation was over, and intended to rise from his seat. Hermoine thought different, obviously, as she grabbed his robes and pulled him back on the chair in mid-air.

"Minister, if I am not much mistaken, double jeopardy does not apply if the charge is murder."

Harry, experiencing the familiar feeling of having no idea what she was talking about, suppressed a grin. Instead it was his turn now to quickly exchange glances with Ron, who had decided to wait unseated at the door so that Hermoine and Harry could occupy the seats in front of the Minister's desk.

"That's correct, Miss Granger", Scrimgeour answered without looking up from his file. The wording was so similar to that of the Hogwarts' teachers that Harry would not have been surprised if he had added, 'Ten points to Gryffindor.'

"So if we or anyone else-", she continued in a firm voice, "Managed to deliver evidence to the Ministry that Draco Malfoy murdered Albus Dumbledore, then he would be convicted?"

"In this case", Scrimgeour answered, gracefully looking up from his papers, "The Ministry would probably charge him for a second time. Convicting him or not stays up to the judges", he added, unwilling to grant her the trump. "What possible evidence are you thinking of? I can't imagine anything, except- "

"Except his wand", she finished his sentence.

"And a testimony of Olivander that the wand at hand -", he smiled arrogant and rose his eyebrows, "That is to say, _the currently missing_ wand is that one of Mr Malfoy."

To Harry's surprise, Hermoine smiled as well. "I am afraid you are mistaken here, Minister", she replied softly, "The wand will do. If it recognizes Mr Malfoy as its owner, which is usually clearly visible by a shiver of sparks, he could be convicted."

"That requires Mr Malfoy being present at Court", Scrimgeour answered looking desperately for a loophole.

"Which should be no problem, as you yourself granted him permission to Hogwarts this year."

"I had no right to deny him studying there", he defended himself.

"Which is your own fault, Mr Scrimgeour", Ron raised his voice for the first time since Hermoine and Harry had taken their seats. "If you had withstood the temptation of assuming control over Hogwarts, it would still be the Headmaster's decision which student to accept and which not."

He had a point, Harry thought pleased. The statement did not help them, but it prevented the Minister stealing himself away from shouldering responsibility. Scrimgeour seemed to acknowledge that as well, though it did not at all please him.

"What you do when you walk across him in school is not up to my judgement. But so are the Ministry's decisions for you."

"No, of course not", Hermoine answered, blushing in offence. "Just the paperwork matters to you, doesn't it? You don't give a damn about the living."

Scrimgeour refrained from a direct answer and focused on the paperwork again.

"I suggest you leave now. The train won't wait, not even for just people like you, Miss Granger."

"We have to gain possession of the wand", Hermoine concluded several hours later in their compartment, her cheeks pinker than Harry had seem them ever before, "We must."

It was touching, he thought, that she was determined to render Malfoy a just punishment and cover up for what he had neglected.

"Hermoine, it's over." Ron voiced what Harry thought. It sounded just as bitter as in his head.

"Yeah, if I had managed to simply Stun him the moment he had killed Dumbledore..."

They both moaned in disagreement. "Harry, you told us the Death Eaters burst in _seconds_ later..."

"If I had Stunned that git we would not need to see him walk in the grounds this year", he insisted.

"Which would be a benefit for the whole student's body", Hermoine agreed, reminding him that she had complained about seeing him bullying First Years a bit earlier this afternoon, "But Harry, Scrimgeour was right. There's no way to punish him. Not in a legal way, at least."

"He's a murderer, Hermoine", Ron said through a mouthful of pumpkin pie, "He doesn't care much about other peoples rights himself, so Scrimgeour treats him way better than he deserves."

Harry nodded grudgingly, but Hermoine shook her head. "We would lower ourselves to his level. I think that's what Scrimgeour meant when he said, sending Malfoy to Azkaban would cost him his position. As Minister, he can't act as if he was above the law."

Ron and Harry looked at one another. Both refrained from trying to convince her of their point of view, which was that Scrimgeour was probably just as greedy for power and indifferent as he appeared to be.

"Does that mean his sub clause did not contain a threat at all?", Ron could withstand just annoying her a bit.

"Which sub clause?"

"About him knowing about the rules that granted him power."

She hesitated.

"Okay, that wasn't clear to me as well", she said.

Ron looked very pleased with himself.

"But it could have been just a revelation of his understanding of our system of government!", she abandoned the peace between them.

"Or couldn't."

"As Minister for Magic, he needs to have one."

"Of course he does", Ron agreed hypocritically, "And one of justice as well. Seems like he lacks one of both."

"He is right when he refuses to put Malfoy into jail", Hermoine snapped, definitely angry now. "If he acted arbitrary, he would lower himself on You-Know-Who's level. You don't want a Minster for magic imprisoning people just because he feels like it?"

Ron seemed about to argue further for his point, but with a look in Harry's face abandoned the plan. "No, I don't", he gave in. "Better have him sneaking around in Hogwarts." Before she could protest at his tone, he added: "What will we do if we run into him anyway, Harry?"

"We can hardly ask him to surrender his wand and then come quietly, I guess", Harry answered, relieved that Ron had avoided a row with Hermoine this time. On the train a tense mood between them had annoyed him much more than in the castle, where he could leave them pitching into one another and come back when they had stopped.

"Right", Ron agreed, helping himself to his second piece of pumpkin pie. "But we can't avoid getting near to him, can we? Not if we don't stop attending classes."

Harry nodded. The thought had occurred to him as well.

"Any plans, mate?"

"Well", he began hesitantly. Indeed he had thought of one option to deal with Malfoy, but he was sure that at least Hermoine wouldn't appreciate his idea, as they faced final exams at the end of the year. Maybe he could win her approval if he didn't introduce the idea straightaway...

"We know Malfoy's a Death Eater, right?"

They both nodded and waited for him to continue.

"So he probably won't be alone in the castle. There will be others to protect him..."

"Oh Harry, you don't plan to attack him in the castle, do you?", Hermoine raised her voice. Ron silenced her with a look across his pumpkin pie.

"No, I was thinking about maybe re-assembling the DA", he came forward much quicker than intended.

He didn't know how to construe their silence.

"Well, even if the Order members will keep a close watch on Malfoy, he can't be under survey all the time, can he?", he argued uncertainly. "So I thought it would be better if we kept an eye on him as well. Considering to what it lead leaving strolling around in the castle last year..."

"I agree with you, Harry", Hermoine said slowly, "Problem is, most of DA members already graduated. And I would not want to force one of the Creevy brothers to duel a Slytherin, let alone Malfoy."

"I don't -"

"I know you would never put any one of them into danger", Hermoine anticipated the rest of his sentence correctly, "I just think it could be dangerous for them to be caught be trained for combat", she pointed out and repeated one of Fudge's most paranoid phrasings, "Because that could lead Malfoy and other supporters of _You-Know-Who_ to the conclusion that they'll join the Order after Hogwarts, and attract their attention. I mean we might achieve the opposite of what we originally intended", she summed up at the sight of Rons and Harrys looks.

"Yeah, but if they want to learn how to defend themselves, who are we to deny Harry's superb lessons to them?"

"Don't you think they could join the DA out of ...uh, admiration?"

"For me?", Harry said and started laughing whole-heartedly.

"I'm not kidding", Hermoine insisted and blushed another time, "I really think they would join because of you and fail to acknowledge the danger possibly linked to it."

"So what's your suggestion?"

"I think we should introduce an age limit."

At first Harry felt reminded to the Age Line Dumbledore had drawn around the Goblet of Fire nearly three year ago. The memory of his headmaster and mentor hurt terribly. He seemed to have torn a hole inside Harry, with nothing but cold vacuum in it. Before his insides started burning with hate about Malfoy again, he said: "Good idea."

"You'd have to be pretty thorough then", Ron added. "Not everyone turns twelve when they move to second year..."

"Okay, we'll attach it to sessions", Hermoine accepted his objection, "Only sixth and seventh year? Then they've already stood their OWLs and sat through a career counselling, so they'd learned to take things a little more seriously..."

She waited for them to raise further objections. None of them did.

"So where were we before old hag Umbridge bumped in two years ago?", Ron asked and minutes later they were already busy discussing possible lessons and joyfully running Umbridge down until they reached the train station in Hogmeade.

Once or twice Harry had the slight impression that Hermoine wasn't completely attentive to their conversation – with a mind of hers, she could have easily let her thoughts trail off and conclude what they had been talking about even minutes later so that none of them would notice her being distracted when she voiced her opinion. But then, maybe she had been just as tired as Harry, who had woken from nightmares another time this morning and deliberately neglected to tell his friends.

They all had feared running into Malfoy at the train station already – rather for his sake than for theirs-, but their concerns turned out to be exaggerated. An carriage stood a bit distant from a row of them in which students hurried to climb; the moment they had left the train it had started to rain cats and dogs. Except for a small piece of paper it looked just the same as all the others. They saw the note on it then they walked beside it to find a carriage themselves.

"Have you seem what they drew on it?", Hermoine hissed sharply.

"Yes, I've seen it", Harry answered through gritted teeth. "They probably wanted to exclude any possible misunderstanding."

"But the Dark Mark, Harry!", she cried out under her breath, "That's outrageous, it's -"

"Very subtle, Hermoine, I am aware of that", he finished her sentence dryly, "Now let's find a carriage or we'll have to swim to the castle."

When they crossed the note, Harry could have sworn he saw Snape's hooked nose at the edge of the door in the window, but he did not care much now. They both knew the Potions master had only failed to join the Death Eaters because some of Hermoine's and Luna's rather quick thinking: The night Dumbledore was murdered they had heard Snape Stunning Flitwick in his office. He duelled them with grievious fury and incredible magic abilities, using spells which Hermoine had told she hadn't even read about, but despite his capability, he couldn't finish them off like Flitwick. By the time he set a course on them, the Death Eaters had already left the castle. As he had cared to wipe Lunas memory of the duel, Hermoine found herself in a situation like Harry. It was her word against his that Snape had not tried to help and bewitched Luna on purpose.

Sitting in the Great Hall with the murderer of Albus Dumbledore only meters away from them would have been too much for their self-control, so the three of them decided to sneak into the kitchen, say hello to Dobby and ask him for a small substitute for dinner. The elf seemed heartbroken after Dumbledore's death, who except for Harry, Ron and Hermoine had treated him with as much respect as he granted any conscious, feeling being. After presenting them with just an incredible amount of food no less delicious than the dinner in the Great Hall above them (Harry, indeed, strongly suspected that they ate _just the same_ as if they had attended the feast), he sat next to them and became unusually quiet. When they had reached the dessert, a single perfectly round tear rolled down his pointed nose and dropped upon his tie with black-and-white check pattern. He had explained that he would not wear his colorful clothing until Dumbledore's murderer was safely into custody, because as long as his former owner was free, he had nothing to celebrate. At this, Harry abandoned the treacle tart, threw over his reservations, stretched out an arm and hugged Dobby, from which he sobbed even harder. It took him a quarter of an hour to calm down again. By the time they left the kitchen, the robe on his shoulder was as wet as if Hermoine had never used her Drying Charm on their clothes when they had entered the castle. Despite all his worries and his anger about the circumstances the term with, he felt calmer now. At least there was one other soul in this castle who was mourning after Dumbledore as gravely as he did.

Later Harry stared at his the ceiling of his four-poster-bed for a long time. Despite Ron's calming rhythmic snorts, his mind was racing again. How was Lupin doing on his lonely search for Horcruxes? Had he found out anything new since they left Grimmauld Place early this morning for their appointment with Scrimgeour? He chided himself for the childish wish and his impatience; if it had taken Dumbledore six months average to find one, Lupin probably … he turned to lie on the side. Lupin would probably die in the attempt, without any success. _But then, he applied for the task, didn't he?_, Harry tried to sooth his bad conscience. _Urged me into telling him the truth. _And after Tonk's approval, there was no reason not to accept his offer. He, Ron and Hermoine agreed to finish their education – finish off Malfoy as well if they had the chance-, so Ron stayed on speaking terms with his family and Hermoine didn't starve mentally from being constantly out of a library. So it was just logical to tell someone, that he continued the search while they were here, safe behind the castle walls?

The moon was sending piercing rays of light through the window. They seemed to crawl over the floor, up the posters of the bed and then on his guilty features. He turned another time to face the scarlet velvet above him. _Safe behind the castle walls with a murderer and an impotent, law-bound headmistress for company. _His insides suddenly burnt with hatred again. His brain kept rattling for a while longer, then he made a decision.


	3. Chapter 3

"He's gone!"

"Ron, what are you-"

"Harry's gone!"

Hermoine looked up from her newspaper and stared firmly at him with a _Stop-Kidding-It's-Not-Funny-_expression. "What are you talking about?"

He hadn't even taken a seat yet, but kept standing in the corridor between Gryffindor's and Ravenclaw's tables, apparently fuming with helpless anger. He didn't even meet her question at the sight of the over-loaded plates with all you could possibly prefer for breakfast. Hermoine scowled, pushed aside her bowl of porridge and abandoned her newspaper entirely.

Now that she was taking him seriously, he seemed willing to calm down a little. He took the seat right next to Hermoine, who had wisely chosen the outer bench so that they needn't see the Slytherin table.

Before he spoke, Hermoine gestured him to lower his voice. Not that it mattered after he had shouted out loud enough for even the Slytherins to hear, but she felt no need to hand them over any more information on a silver plate.

"He left", Ron whispered. It sounded harsh and painful in hear ears. "McGonagall just told me. She had come to the common room, just like in second year, remember?"

Hermoine nodded, something like acid rising in her throat. "Without a megaphone this time, I guess?", she tried to distract him from the water in her eyes.

"Yeah, of course. She said Harry had tried to leave in the early morning and was caught by Filch. He brought him to McGonagall, and, well, he said he'd rather want to join Lupin than be stucked in here with Malfoy."

She swallowed hard. The small amount of porridge she had eaten seemed to have bulged to a large brick stone throughout the passed few seconds. "Ron, Harry would hardly leave the castle without telling anyone of us, let alone in the dead of night...", she said slowly. The closeness of Ron triggered an odd, unfamiliar feeling somewhere in her upper stomach.

"But he did, Hermoine!"

He looked her straight in the eye, and when she saw her own pain mirrored in his eyes, the realization hit her like a Detonating Charm.

"ASSHOLE!"

Ron actually backed away from her, completely stunned by her outburst.

"HAMMERHEAD! NUTHEAD! I've never known such a WANKER IN MY ENTIRE LIFE!"

"Hermoine -", Ron interrupted, looking up to the teacher's table where McGonagall had risen in shock, eyes sparkling with anger, "Listen, he will have had his rea-"

"I DON'T CARE! HOW DOES HE _DARE_ LEAVING US?", suddenly she stood bolt upright next to him, tears streaming down her cheeks like waterfalls.

"Come, we'll go to the common … to the library", Ron hastened to get up as well as McGonagall was only about fifteen feet away and wouldn't hesitate to put them in detention before they had even taken a glance at their timetables and however just she might consider the cause of Hermoine's yelling. He grabbed her arm softly and started pulling her toward the entrance. Innumerable pairs of eyes followed them until they left the hall. Ron felt believed he felt them on his back until they had reached the marble staircase. When they were halfway at the library, Hermoine couldn't restrain herself again.

"How can you accept that?", she bellowed, features distorted with boiling anger. "We're his best friends! We know as much as he does! We _promised_ we'd join him at his hunt for the -", she obviously wasn't entirely out of her right state of mind, as she remembered to lower her voice and look up and down the corridor to check whether anyone overheard them before continuing, "at his hunt for the Horcruxes and You-Know-Who." She stopped, and Ron watched the anger drain from her face only to be replaced by even more tears.

"He must be crazy", she sobbed. "How can he seriously believe he and Lupin will find them on their own? Ron, we need to follow him, we need to -"

"Listen, Hermoine", he interrupted her monologue of self-deprecation, "He probably just couldn't stand being stuck in here with Malfoy. Remember how sure he was that they'd convict him after his testimony during the holidays? And how hard it was for him to learn that they instead cleared that of all charges for reasonable doubt of his guilt?"

"Yes, but-"

"But we also know he's guilty? And as it's hard for us to take as well, and we would have supported him, so no need to leave?"

She nodded. Apparently this was the one out of a hundred cases when he had got her exactly right.

"It's different for him, though", he explained, and when she shook her head and intended to argue, he silenced her by putting a hand on her arm and pressing it gently. "It's different for him", he repeated, "because he actually saw it happen. We've both just been told of it. That's not entirely the same. But I also think he's an idiot setting off in the dead of night without us", he finished bitterly.

"What are we going to do now?", she said after a short pause.

"How about going to the library?", he asked wryly in return. Before she blew up a second time, he quickly added: "I suppose he counts on us to do as planned... I mean, re-assemble the DA with slightly altered entrance terms."

"And how would he imagine that, if he flees the castle? We can't form a teacher out of mud, even if we wanted to", she snapped.

Ron suppressed a sigh. Well, that tone meant she was close to normal. "I'll do it", he answered. "Thanks, Hermoine", he added as she couldn't conceal her doubtful look in time, "As as you said, we can't make up a teacher out of nothing. If you train me and then I teach the others, what's the matter? Better us than no one."

Her looks still contained some doubts, but she seemingly decided to voice them later. He gave her arm another soft and comforting squeeze and then withdrew it. For a moment her gaze remained steady, then she started crying again. Before he knew it, she had thrown herself into his arms, crying no less heartbreaking than Dobby the night before.

"Listen, Hermoine", he repeated when the sound of the bell pierced through her sobs, "Why don't you write a letter to him? He probably won't have thought of taking Hedwig with him", Ron suggested.

"No", she muffled into the robes of his shoulder, "But I'd better send him a Patronus, wouldn't I? An owl could be caught. I mean, the Death Eaters will know that he's gone by sundawn"- she cried several times, then pulled herself together and steadied herself, "Because that git Malfoy surely knows by now, too. But I feel better if we tried our best not to make it too easy for them."

"Good thinking."

"And I'll see whether the Room of Requirement suffered any damage from the Inquisition Squad", she added. Her voice sounded steadier with each word she spoke. "Hopefully they left the books there in the shelves, those were really useful... it would be a shame if they had taken them with them."

"Do you seriously believe any of those trolls was able to _read?", _Ron pointed out. She pulled back from his shoulder at that, smiling.

"No, of course not, but Umbridge used to set her hands on things which were too big for her, didn't she?" He laughed at that, too. "So maybe they took the books, just to make sure?"

To Hermoines delight, it turned out they hadn't. While Ron was off to his first lesson this year– Transfigurations – she did not feel calm enough to concentrate already. She would only annoy McGonagall if she attended and distracted Ron (well, in theory, as he usually scarcely paid attention to _any_ subject), so she relied on him to hand her the timetables in the break and planned to proceed from third period onwards.

Harrys betrayal still made her wanting to start shouting again. It wasn't a real betrayal, she knew that; he hadn't run off to join the Death Eaters, but bring them down and, if he could, Voldemort along the way. Still, he should have told them. Her gaze drifted across the Room, which had turned into exactly the same one they had made a hasty departure from in their fifth year, except that it was undamaged and the piece of parchment with their names had somehow found its way back to the spot of wall where she had put it on short after their meeting in the Hog's Head. She might have thought a bit too much of Harry, as her eyes suddenly discovered a scarlet (Boxsack) in a corner of the room, which she was sure hadn't been there in their fifth year.

_Maybe he knew you wouldn't let him go, _a low, honest voice whispered inside her, _and he was right,wasn't he?_

There was too much truth in it do deny. She stroke across the empty (Ebene) in the middle, which could have been mistaken for a dancefloor, but was where they had been practicing spells. The flat area covered with long-(fransig) carpet, so that they fell softer when hit by a Stunning spell. The (Boxsack) remained still and stiff upon its metal feather. She punched it slightly. The feather shrieked incredible loud, echoing at the walls and multiplying several times. The () shot back at her with as much force she had hit it. An idea struck her. She put the books aside, drew her wand and pointed it at the scarlet surface. The spell was quite new to her and Flitwick would not introduce it to class until Christmas, but the book had provided her with a pretty useful explanation how to perform it...

Her minds occupied with the memory of Harry's face, she whispered, "_Recognosco._"

The ball turned into a perfect duplicate of Harry's head. Hermoine smiled, pleased with herself, and tugged her wand back into her robes. "Now, Mr I-can-do-it-on-my-own Potter, TAKE THIS!"

Ron woke her around lunchtime.

"You have two free periods after Transfigurations, so I saw now reason to wake you up!", he defended himself when she rushed on him because she thought she had missed two more lessons. "It's Arithmancy for you, usually", he explained and handed her the timetable, "But Professor Vector' been declared missing and they couldn't find a second teacher until now, remember?"

"Yes", she muffled, still tired, "Sorry, Ron. I'll have a shower."

She got up, waved her wand at the stuffed head of Harry's murmuring "_Finite" _and pulled her robes back in place.

"Have you been hitting that?", Ron asked half in awe, half scared, while the features wore off and left its surface again plain and scarlet.

She groaned, scowled and picked up her books. "I'm feeling better now", she answered rather defensively. "Don't tell him."

"Good thing I don't know how to conjure one of those speaking Patronuses. So no temptation to resist there anyway."

"See you in Charms. Thanks for waking me up."

Flitwick welcomed them in their first Charms lesson this year just as heartily and friendly as if he wasn't mourning after Dumbledore at all or hadn't been engaged into various duels with Death Eaters throughout the summer, but the two of them knew better. Flitwick only concealed his deep disappointment about the verdict about Malfoy perfectly, but the bruises of his last fight were clearly visible to everyone. Apparently the scratch was of magical source, as Madam Pomfrey According to Sirius he had escaped no less than three Death Eaters who had been trying to prevent him from returning to Hogwarts just the day before term started.

He did not ask for Harry when Hermoine an Ron took their seats, but sadness krept in his eyes. When the bell rung, the chatting ebbed away, as Charms was considered one of the more interesting subjects.

To their overall surprise, Flitwick did not start introducing them to the topics of this term in his usual manner. He waved his wand at the board, where a piece of chalk lifted itself into air and began drawing letters which formed into words.

_Welcome back, _the board read after a few seconds, _I am glad to see you here at Hogwarts for the second of your senior years. Please don't mind the writing, _the chalk scribbled, _I am still recovering from my journey and hope to be back to normal soon._

Several students started whispering to each other, but then the chalk put itself on the board in a certain angle and moved downwards. It sounded like a Harpy in worst agony.

_Please pay attention, Ladies and Gentlemen_, the chalk continued writing. _This year we will address bewitching the weather as an example for influencing natural forces. Those are some of the most difficult spells which might show you to the limit of your magical abilities. If that happens any time during this year, please try not to surrender to self-hatred, but accept it. I will mark your work according to your learning progress instead of the results at this topic. Second topic this year will be an introduction to mist commonly used charms of disguise and concealment, which is closely linked to identifying and undoing such, which you will learn about in Defence Against the Dark Arts._

Hermoine couldn't help but to curse Harry for his rushed leaving another time quietly. Attending lessons this year would've come in so handy at their search for the Horcruxes after Hogwarts, what had he been thinking...

_At the end of the term we will mainly revise stuff for your N.E.W.T.s examination and only add Multiplying Charms to our agenda. You will see that those are similar to Creation Charms you learned in Transfigurations last year._

Moaning just loud enough so that Ron could hear her, she buried her head in her hands. Multiplying did not exclude the Five Exceptions for Elemental Transfigurations; using them on food meant prevention of hunger on their journey. Ron shot a puzzled glance at her, urging her to be silent; obviously the sound of the chalk still rung in his hears. She'd explain him her reaction later.

_First, we will revise Drying Charms so that you don't have to leave the lesson soaked. _At this point, Hermoine abandoned concentration, that Charm was rated among her favorite spells.

She hardly noticed the bell that announced the end of the lesson. She wasn't sure she whether Flitwick hadn't noticed that her mind had been busy with everything except Charms ans decided to offer him an apology. Maybe she learned why he couldn't speak after the attack just along the way.

"Professor", she began hesitantly. Most of the students had left already, heading to the common room or the library to deal with their incredible amount of homework even after the first day. Flitwick climbed down the small pile of books on his desk so he would face the auditorium first. He nodded, which she understood as permission to speak.

"I am sorry if I seemed distracted today", she began in a low voice. "Harry's departure..."

He pointed at the board, where the chalk had begun scribbling again without her noticing. _I am sorry Mr Potter chose to leave us just after his arrival. Did you know?_

"No, Professor. It was a surprise to me and Ron, and a shock", she answered.

_Yes, Professor McGonagall told me you were rather upset this morning, _the chalk wrote.

Hermoine blushed, ashamed for her outburst this morning.

_Never mind, Miss Granger, _Flitwick had the board express his thoughts, _We're all a bit beside ourselves at the moment._

Hermoine scratched together all her guts, then asked, "Are you talking about your... condition, Professor?"

He nodded.

"But surely Madam Pomfrey could cure a cold in a matter of seconds?"

_I haven't got a cold, Miss Granger, _the chalk wrote, shaking just as Flitwick suddenly did. _It's an injury. The Death Eaters lured me into a trap on my journey to Hogwarts._

He looked her straight into her eyes, his own widened in horror.

_Are you aware that I testified for Mr Potters credibility to support the charges against Mr Malfoy?_

She nodded.

_Well, they weren't too pleased with that._

"What did they do to you, Professor?", Hermoine whispered.

_They set Greyback loose at me, _the chalk scratched onto the board, then fell down on the floor as if Flitwick had suddenly lost control inside his mind. He opened his mouth.

Where his tongue should have been, the Death Eater had left only a black, rugose stump close to his throat.


End file.
